HomeMy WebLinkAboutResolution 23-135-CCGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
Development Services
REQUESTING DEPARTMENT..
REQUEST SUBMITTED BY: J Anderson -Cook
CONTACT PERSON ATTENDING ROUNDTABLE: J Anderson -Cook
CONFIDENTIAL INFORMATION: F]YES ® NO
DATE- 11/15/23
PHONE: 2522
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Ord amending the Grant County- Unified Development Code Sect 23.04.050
24.04.0807 25.12.030 and Sect 23.04.080 Table 1
Public Hearing was held 11/13/23
DATE OF ACTION:
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
DEFERRED OR CONTINUED TO:
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
AN ORDINANCE AMENDING THE ORDINANCE No. 23- cc
UNIFIED DEVELOPMENT CODE
SECTIONS 23.04.050, 24.04.0809
25.12.0309 AND SECTION 25.04.080
TABLE I
WHEREAS, RCW 36.70A requires that amendments to the comprehensive plan and
development regulation be docketed and considered at least annually and WAC 3 65 -196 requires
all proposed amendments to be considered by the governing body concurrently so that the
cumulative effect of various proposals can be ascertained; and
WHEREAS, RCW 36.70 establishes a planning commission which shall assist the
planning department in carrying out its duties, including assistance in the preparation and
execution of the comprehensive plan and recommendations to the department for the adoption of
official controls and/or amendments thereto; and
WHEREAS, RCW 36.70 authorizes the county legislative authority to adopt, by
appropriate resolution or ordinance, regulations designed to promote the public health, safety,
and general welfare of its citizenry; and
WHEREAS, the Grant County Planning Commission conducted an open record public
hearing regarding the proposed amendments to its Development Regulations in Sections
23.04.050, 24.04.080, 25.12.030, and Section 25.04.080 Table I on October 4th, 2023 and
provided for public notice and comment and recommended approval to the Board of County
Commissioners; and
WHEREAS, the Board of County Commissioners for Grant County conducted an open
record public hearing regarding the proposed amendments to its Development Regulations,
Sections 23.04.050, 24.04.080, 25.12.030, and Section 25.04.080 Table 1 on November 13., 2023
and provided for public notice and comment; and
NOW, THEREFORE, BE IT HEREBY ORDAINED, THAT the Board of County
Commissioners for Grant County, Washington hereby adopt by resolution the amendments to the
Unified Development Code, Sections 23.04.050, 24.04.080, 25.12.030, and Section 25.04.080
Table I as identified in Attachment A.
2023 Development Regulation General Amendments
DATED this I day of _lVouep.,jav- , 2023.
BOARD OF COUNTY
COMMISSIONERS
Yea Nay Abstain GRANT COUNTY, WASHINGTON
Rob Jones, Chair
El
Cindy Carter, Vice -Chair
ATTEST:
A
L I
Danny S�tone, Member
9rbara J. Vdshitez
Clerk of the Board7
2023 Development Regulation General Amendments
ATTACHMENT A
23.04.050 Land Use Regulations — General Provisions
(a) Any provision of this Ordinance may be suspended in an emergency situation by the Administrative
Official, subject to approval by the Board of County Commissioners.
(b) There shall be no more than one primary dwelling unit per legal lot of record.
(c) Prohibition on extension of urban services into rural and resource areas: Extension of sewer service is
prohibited into rural and resource designated areas, except where the Administrative Official and the
Health Department determine an existing health hazard exists, and no other feasible remedies are
available. In these cases, a finding must be made that the capacity of the sewer extension will be no
greater than that necessary to remedy the health hazard.
(d) Development of unplatted lots of record that do not meet minimum dimensional standards of Zoning
District: Notwithstanding other restrictions of Grant County Code, only lots of record meeting the
minimum dimensional standards of the zoning district in which they are located will be approved for
development permits. In the event an owner of contiguous, unplatted lots chooses to aggregate
(combine) them in order to meet this requirement that shall be recorded as a boundary line adjustment.
The following exemptions apply:
(1) A lot upon which there is, or was, a legally placed residence; or
(2) A lot of record that was platted pursuant to GCC; or
(3) A lot of record that meets the following requirements:
(A) The development complies with all other requirements for a development permit pursuant
to any provision of the Grant County Code without the need for a variance from the
requirements of the Rules and Regulations of the Grant County Board of Health Regarding On -
Site Sewage Disposal; and
(B) The development must demonstrate compliance with GCC 25.20 (Concurrency) even if
otherwise exempt; or
(4) A development permit is required as part of a compliance order to protect the public's health, life,
safety, and the environment.
(e) Notwithstanding other restrictions, only lots meeting the minimum dimensional standards of this
Chapter will be approved for residential building permits.
(f) Storage of articles or vehicles on lots and rights-of-way: In no zoning district shall any portion of
articles or vehicles be permitted to be stored in public rights -of -ways. Not more than two (2) unlicensed
or inoperable vehicles shall be stored on any lot, except for automobile wrecking and salvage yards,
where specified as a Permitted Use in Tables 3, 4 and 5, and as specified in GCC § 23.08.090.
(g) No travel trailer or building removed from its permanent foundation or constructed for mobility shall
be used as permanent residential living quarters in any zoning district, unless specifically designated as
an allowable or conditional use in a specific zoning district. Recreational vehicles shall not be used as
permanent residential living quarters in any zoning district, unless specifically designated as an allowable
use in a specific zoning district. Certified Park Model RVs (PMRVs) per WA State Labor and Industries or
2023 Development Regulation General Amendments
American National Standards Institute (ANSI) A119.5 are permitted to be used as permanent dwelling
units in allowable zoning districts if permanently connected to a foundation system and utilities
(h) Non -issuance of building permits outside of a fire district: Within any zoning district, building permits
shall not be issued for residential and/or commercial structures that are not determined to be within an
official designated boundary of a Grant County fire district, unless otherwise approved by the Grant
County Fire Marshall.
Article II. Categorical Exemptions and Threshold Determinations
24.04.080 Adoption by Reference
(a) This article contains the rules for deciding whether a proposal has a "probably significant, adverse
environmental impact" requiring an environmental impact statement (EIS) to be prepared. This part also
contains rules for evaluating the impacts of proposals not requiring an EIS. The County adopts the
following sections by reference, as supplemented in this part:
WAC 197-11-300 Purpose of this part.
WAC 197-11-305 Categorical exemptions.
WAC 197-11-310 Threshold determination required.
WAC 197-11-315 Environmental checklist.
WAC 197-11-330 Threshold determination process.
WAC 197-11-335 Additional information.
WAC 197-11-340 Determination of Nonsignificance (DNS).
WAC 197-11-350 Mitigated DNS.
WAC 197-11-355 Optional DNS process.
WAC 197-11-360 Determination of significance (DS)/initiation of scoping.
WAC 197-11-390 Effect of threshold determination.
24.04.090 Flexible Thresholds for Categorical Exemptions
(a) Grant County establishes the following exempt levels for minor new construction under WAC 197 -11-
800(1)(g -b) . .
1
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.
(b) These categorical exemptions from SEPA shall not exempt these projects from review under GCC
§ 24.08 — Critical Areas Ordinance.
2023 Development Regulation General Amendments
(c) Whenever the County establishes new exempt levels under this Section, it shall send them to the
Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800(1)(c).
(d) The maximum exemption levels applicable to (c) of this subsection are:
Fully
planning GMA counties
Project types
Incorporated and
Administrative
unincorporated UGA
Other unincorporated areas
SinEle family residential
30 units
20 units
Multifamily residential
60 units
25 units
Barn, loafing shed, farm
Permitted Uses Site Plan
equipment storage, produce
40,000 square feet
40,000 square feet
storage or packing structure
Subdivisions6 ;
Plat Vacations 11,
Office, school, commercial,
30,000 square feet and 90
12,000 square feet and 40
recreational, service, storage
parking spaces
parking spaces
building, parking facilities
Fill or excavation
See subsection a
See subsection e
(e) Any fill or excavation of 500 cubic yards throughout the total lifetime of the fill or excavation and any
excavation, fill or grading necessary for an exempt project in (i), (ii), (iii), or (iv) of WAC 197-11-800 (1)(b)
shall be exempt.
25.04.080 Classification of Project Permit Applications — Administrative Review
(a) Administrative review of project permit applications shall be based on their classification as
summarized in Table 11
Table 1
Project Permit Classification
Type I — Ministerial
Type II —
Type III — Quasi -Judicial
Type IV — Final Plat
Administrative
Building Permitsl
Shoreline Management
Planned Unit
Final Subdivisions 7
Permits 5
Developments 10
Permitted Uses Site Plan
Preliminary Short
Preliminary Subdivisions_6,
Final Short
Review 14
Subdivisions6 ;
Plat Vacations 11,
Subdivisions
Plat Alterations 12
Boundary Line
Minor administrative
Adjustments2
permit amendments
Binding Site Plans 13
Segregation
Sign permits 9
Variances 15
Applications3
Administrative
Minor amendments to
Major amendments to
Consistency Review (Uses
Planned Unit
Planned Unit
Allowed Outright)4
Developments 10
Developments 10
2023 Development Regulation General Amendments
Rezone Determination of
Discretionary Use
Conditional Use
2 See GCC § 22 Article V.
Consistency16
review4
Permits4,15
13 See GCC § 22.04 Article VII. and GCC § 23.04.170.
Zoning District Boundary
Reasonable Use
Minor Zoning
5 See Shoreline Master Program. 10 See GCC § 23.04.8-700.
Interpretations
Exceptions17
Amendments16
Flood Hazard Area
Development Permits 1
1 See GCC Title 14.
6 See GCC § 22.04 Article III.
11 See GCC § 22.04.490. 16 See GCC § 23.04.150.
2 See GCC § 22 Article V.
7 See GCC § 22.04 Article V. 12 See GCC § 22.04.480. 17 See GCC § 24.08.110
3 See GCC § 22.04.090.
8 Not used.
13 See GCC § 22.04 Article VII. and GCC § 23.04.170.
4 See GCC § 23.04.040.
9 See GCC § 23.12.130.
14 See GCC § 23.04.140.
5 See Shoreline Master Program. 10 See GCC § 23.04.8-700.
15 See GCC § 25.08.
25.12.030 Comprehensive Plan Amendments
(a) Types. There are four types of Comprehensive Plan Amendments:
(1) Plan policy or text change;
(2) Urban Growth Area (UGA) boundary or Plan Map change;
(3) Site-specific land use redesignations; and
(4) Emergency amendments.
(b) Who May Initiate. The County (Board of County Commissioners, Planning Commission, or any
Departments of the County) or other entities, cities, towns, agencies, organizations, or individuals may
initiate a Comprehensive Plan amendment at any time subject to the requirements of this section. A
request for a site-specific land use redesignation or to change density may be initiated by a property
owner. Proposed amendments to a designated urban growth area boundary that is associated with a
specific incorporated city or town may be initiated only by the legislative authority for that incorporated
city or town.
(c) Purpose of Site -Specific Land Use Redesignations. A land use designation change or density change is
a mechanism by which the Comprehensive Plan land use designation or density applicable to property can
be changed to reflect such things as changed circumstances, new land -use needs, or new land use policies.
(d) Time Limitations. Proposed comprehensive plan amendments shall be considered on an annual basis
(no more frequently than once per year), according to the schedule provided in this Chapter so that the
cumulative effect of all proposed amendments may be considered; provided, however, the County may
adopt amendments more frequently than once per year if the proposal is:
(1) the initial adoption of subarea plan;
(2) an amendment to the County's Shoreline Master Program under the procedures set forth
in RCW 90.58;
(3) to achieve consistency with amendments to countywide planning policies;
(4) an amendment to the capital facilities element that occurs concurrently with the adoption
or amendment of the County budget;
2023 Development Regulation General Amendments
(5) an amendment to the transportation element that occurs concurrently with the adoption
or amendment of the County six-year transportation improvement plan as provided in
law;
(6) the initial adoption of development regulations or amendments to development
regulations to carry out the policies of the Comprehensive Plan; or
(7) if a declared emergency exists, or in response to an order of the Growth Management
Hearings Board. An emergency amendment may only be adopted if the Board finds that
the amendment is necessary to address an immediate situation of federal, state, subarea,
or countywide concern as opposed to a personal emergency on the part of the applicant
or property owner and the situation cannot adequately be addressed by waiting until the
annual Comprehensive Plan amendment process.
(e) Amendment Schedule. The schedule for initiation of review of amendments to the Comprehensive Plan
and Development Regulations shall be as follows:
(1) Any interested person, including applicants; citizens, county commission and board
members, staff, and staff of other agencies may suggest plan or development regulation
amendments. The suggested amendments shall be docketed with the planning department for
annual consideration by the Grant County Planning Commission and Board of County
Commissioners. For purposes of this section, docketing refers to compiling and maintaining a list
of suggested changes to the comprehensive plan or development regulations in a manner that will
ensure such suggested changes will be considered by Grant County and will be readily available
for review by the public and to review the cumulative effect of all proposals to ensure consistency.
Docketing for the calendar year shall be taken from January 11t to June 30th of each calendar
year. Amendments to the comprehensive plan and development regulations docketed by
June 30th shall be approved or denied by the Board of County Commissioners on or before
December 311t of the same calendar year.
(2-4 Petitions for amendments to the Comprehensive Plan or development regulations shall
be submitted to the Department on forms provided by the Department by the last business
day in June during the applicable review a;Ru�al Pet.+.en applo, atieR
. Requests submitted after said
date will be returned to the applicant for resubmittal in the following year.
(32} Within forty-five (45) days of the established petition application dated, the Department
shall review all of the petitions for Comprehensive Plan and development regulation amendments
submitted by the deadline, together with any proposed amendments suggested by the
Department, and shall forward a recommendation to the Board as to which of the
submitted amendments the Department recommends for further consideration by the County.
(4-34 Within 15 days of receipt of the Department's recommendation on the package of
proposed amendments, the Board shall, in a public meeting, consider the Department
recommendation on each proposed amendment and decide whether to initiate plan amendment
review of each of the proposed amendments. A decision by the Board to initiate the plan
amendment review process for a particular proposed amendment at this stage is procedural only
and does not constitute a decision by the Board as to whether the amendment will ultimately be
approved.
2023 Development Regulation General Amendments